Ramesam, J.

1. This appeal arises out of a suit filed on foot of a mortgage, dated 7th April, 1923 executed in favour of the plaintiff by Sengoda Goundan, father of defendants 1 to 3. The fourth defendant was impleaded as he purchased the mortgage properties in an auction sale held in execution of a money decree obtained against the mortgagor and is in possession. Defendants 1 to 3 did not contest the claim. The fourth defendant raised various defences. First, he pleaded that the suit mortgage bond was not supported by consideration and that it was a collusive transaction between the mortgagor and the plaintiff who was his near relation, intended to screen the properties as the mortgagor was then heavily indebted. Secondly he pleaded that besides the plaintiffs mortgage there were two prior mortgages which were paid off by him and that he is entitled to priority by reason of such payment over the suit mortgage. These two contentions are made the subject of two issues. The first issue was found in favour of the plaintiff but the second issue was found in favour of the fourth defendant and a decree was accordingly passed, providing for the priority in respect of the payments m